244-97-BZ
APPLICANT – Ellen Hay, Wachtel & Masyr, LLP, for Parkwood Realty Assoc., LLC, owner; AGT Crunch New York, lessee.
SUBJECT – Application July 6, 2007 – Extension of Term/Time/Amendment/Waiver for a Physical Cultural Establishment "Crunch Fitness" filed pursuant to §§ 73-11 and 73-36 to reopen the resolution for a special permit for a physical culture establishment "Crunch Fitness" adopted November 4, 1998, amended December 21, 1999, and corrected January 20, 2000: for a waiver for an extension of term which expires November 4, 2008; for the extension of time to obtain the Certificate of Occupancy; and for an amendment to the Resolution for an enlargement of the total PCE floor area within an existing two story commercial building, which the PCE will fully occupy, located in a C2-5/R-8B zoning district.
PREMISES AFFECTED – 162 West 83rd Street, south side of West 83rd Street, between Columbus and Amsterdam Avenues, Block 1213, Lot 58, Borough of Manhattan.
COMMUNITY BOARD #7M
APPEARANCES –
For Applicant: Ellen Hay.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson...... 4
Negative:...... 0
THE RESOLUTION:
WHEREAS, this is an application for a waiver of the Rules of Practice and Procedure, a reopening and amendment for an enlargement of floor area, an extension of time to obtain a certificate of occupancy, and an extension of the term for a previously granted special permit for a Physical Culture Establishment (PCE), which expires on November 4, 2008; and
WHEREAS, a public hearing was held on this application on September 11, 2007, after due notice by publication in The City Record, and then to decision on September 25, 2007; and
WHEREAS, Community Board 7, Manhattan, recommends approval of the application; and
WHEREAS, the subject premises is located on the south side of West 83rd Street between Columbus Avenue and Amsterdam Avenue; and
WHEREAS, the site is located within a C2-5 (R8-B) zoning district, and is occupied by a two-story commercial building; and
WHEREAS, the PCE occupies a total of 14,998 sq ft. on the cellar level, first floor, and second floor of the premises; and
WHEREAS, the PCE is operated as Crunch Fitness; and
WHEREAS, on November 4, 1998, under the subject calendar number, the Board granted a special permit, pursuant to ZR § 73-36, to permit the existing PCE in the cellar and first floor of the subject building; and
WHEREAS, on December 21, 1999, under the subject calendar number, the Board amended the resolution to permit the legalization of PCE use on the second floor of the building; and
WHEREAS, under BSA Cal. No. 243-07-BZ, the Board granted a new special permit to allow a PCE to occupy 6,852 sq. ft. of space in the adjacent building at 150 West 83rd Street, connected to the subject PCE; and
WHEREAS, however, the lease for the space in the adjacent building will be terminated in September 2007, and the PCE space will be vacated; therefore no application has been filed with respect to extending the term of the special permit in effect at 150 West 83rd Street; and
WHEREAS, to compensate for the loss of space at 150 West 83rd Street, the applicant proposes to expand into the remainder of the building at 162 West 83rd Street, so that it will occupy the entire building, totaling 18,279 sq. ft. of floor space (6,093 sq. ft. in the cellar, 6,093 sq. ft. on the first floor, and 6,093 sq. ft. on the second floor); and
WHEREAS, the instant application seeks to amend the special permit to reflect the new configuration of the PCE, occupying the entire building (cellar and two stories) at 162 West 83rd Street; and
WHEREAS, the instant application also seeks to extend the time to obtain a certificate of occupancy and to extend the term of the special permit for an additional ten years; and
WHEREAS, the applicant proposes no change in operating hours of the PCE, which will be from 5:30 a.m. to 11:00 p.m. Monday through Thursday, 5:30 a.m. to 10:00 p.m. Friday, and 8:00 a.m. to 9:00 p.m. Sunday; and
WHEREAS, based upon its review of the record, the Board finds that the requested extension of time to obtain a Certificate of Occupancy and extension of term are appropriate with certain conditions as set forth below.
Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens, and amends the resolution, dated November 4, 1998, so that as amended this portion of the resolution shall read: “to grant an extension of the special permit for a term of ten years from the expiration of the prior grant to expire on November 4, 2018; on condition that any and all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received July 6, 2007”– (5) sheets and “September 5, 2007”-(1) sheet; and on further condition:
THAT there shall be no change in ownership or operating control of the PCE without prior approval from the Board;
THAT this grant shall expire on November 4, 2018;
THAT a Certificate of Occupancy shall be obtained within one year of this grant;
THAT the above conditions shall appear on the Certificate of Occupancy;
THAT all conditions from prior resolutions not specifically waived by the Board remain in effect;
THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; and
THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code, and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted.
(DOB Application No. 104813613)
Adopted by the Board of Standards and Appeals, September 25, 2007.